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TECHNICAL
ADVISORY COMMITTEE |
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ITEM: |
ACTION
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3. |
Discuss Procedure Used By Jurisdictions to a)
Obtain MPWMD Water Permit Prior to Issuance or Amendment of Building Permits;
and b) Inform Jurisdiction Staff and Building/Zoning Permit Applicants of District
Rule Changes
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Meeting Date: |
May 1, 2007 |
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From: |
David A. Berger, |
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General Manager |
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Prepared by: |
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SUMMARY: District Rule 20 requires a water permit before a new connection or modification of water use on all properties served by a water distribution system regulated by the District. In certain instances, building permits have been issued on new construction before the water permit was issued, resulting in inaccurate water allocation; and rarely Jurisdictions have approved new construction without a water permit having been applied for. These occurrences have created undesirable and avoidable hardship for the applicant, and subject a Jurisdiction to a potentially unanticipated debit to its water allocation.
District Rule 23-A-1-p (Exhibit 3-A) gives District staff authority to debit a Jurisdiction’s water allocation when water fixtures are added without a water permit. To eliminate this possibility, District staff believes that each Jurisdiction’s staff should obtain a copy of the applicable water permit, before issuing the building permit, when the application involves water fixtures. In the event that un-permitted water fixtures are noted on the final inspection, District staff provides the applicant/agent with three copies of the water permit. One copy should be retained by the Jurisdiction.
In the event that fixtures are added without a water permit, District staff provides the Jurisdiction with a copy of the enforcement letter that is sent to the property owner. The property owner is given 30 days to correct any violations of District rules. Correction can be achieved by fully permitting the added fixtures, by offsetting the fixtures with on-site water credits (when available), or by permanently removing the fixtures. The Jurisdiction is sent a copy of the notice. When compliance is not achieved within 30 days, the District can debit the allocation and lien the property for fees due.
In a related matter, the District Board recently heard an appeal of a staff denial action on a water permit application for a house remodel. The appellant’s architect asserted as his justification that the Jurisdiction’s planning staff purportedly had not informed him of a change to the District’s “free second bathroom” rule that occurred while the residential project was going through a lengthy design review process, and which adversely affected his design. The Board asked that staff review with TAC what procedures within the Jurisdictions are in place, and other steps that could be taken by District and Jurisdictions’ staff, to ensure that applicants are informed of changes to District water permit rules. To assist in this process, District staff is committed to ensuring that all future, proposed ordinances changing water permit rules are reviewed with TAC prior to Board consideration, as well as transmitting each adopted ordinance and a summary of its provisions, to each Jurisdiction.
RECOMMENDATION: The TAC should discuss both of these issues, and decide what administrative actions can be considered by the Jurisdictions to help ensure the outcomes described above.
EXHIBIT
3-A District Rule 23-A
U:\staff\word\committees\Tac\2007\20070501\03\item3.doc